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Books > Hindu > Yajnavalkya Smrti: Acaradhyaya with English Translation of Commentary Mitaksara
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Yajnavalkya Smrti: Acaradhyaya with English Translation of Commentary Mitaksara
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Yajnavalkya Smrti: Acaradhyaya with English Translation of Commentary Mitaksara
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Preface.

Next to Manu’s Institutes of Sacred Law, the Smriti of Yajnavalkya is the important. It contains 1010 slokas or stanzas; and is divided into three Adhyayas; or books, namely Achara or ecclesiastical and moral code; Vyavahara or the civil law and Prayachitta (Penance) or the penal code. Each part or Adhyaya contains the following number of stanzas

The Achâra (368 stanzas.)

The Vyavahtra (307 stanzas.)

The Prâya.chitta (335 stanzas.)

The whole of. Achara is divided into 13 chapters thus

Chapter I Introduction 1—9 Stanzas.

Chapter II Brahmachri 10—50

Chapter III Marriage 51—89

Chapter IV Varna-Jtti 90—96

Chapter V Grihastha 97—128

Chapter VI Snttaka-Dharma 129—166

Chapter vII: Food 167—181

Chapter viiI’ Purification of things 182—197

Chapter IX Dana 198—216

Chapter X Sraddha 217—279

Chapter ‘Xl Worship of Ganesha 271—294

Chapter XII Graha-anti 295—808

Chapter XIII Raja –Dharma 309—308

There are several well-known commentaries on Yajnavalkya’s Institutes ; such by Apararka. Visvaropa, VijineSvara, Mantra Misra and SuIapâi. But the commentary of Vijinanevara has superseded thee others and under the name of the are it is accepted as authoritative by the Hindus of most of the provinces Ella. Tim full name of the commentary of Vijinânevara is Riju-mitakara or the y and Concise But the name Mitâkarâ has become so well-known that it is late now to revert to the name given to ft by the commentator himself. Even Sanskrit authors the book is quoted, for the sake of brevity, as the Mitaksara.

The gloss of Balambhatta is a comparatively recent one. It is rather eneypedic in its scope. The book professes to have been composed by a learned , but Babu Govinda DEisa of Bdnares, the learned editor of the Edition Princes of lymphatic states that the real author of it was the bnshand of this lady. The Taidyaufttha Paiyagnnda lived in the eighteenth century, and as he lived in there is every reason to believe in the troth of this Benares tradition.

The whole of Yâjdavalkya’s lostitotes was translated by Mr. Mandlik into in 1880 A. P. baying, of course, the commentary and the gloss. I am much indebated to that translation in my rendering of the verses of Yajdavalkya.

Iii translating the commentary of Vijinenevara (i.e. the Mitakasara) I have to be as literal as was consistent with readable presentation of the original. the gloss of Btlambhatta however, the translation is mostly free; and in several these it is even an abridgment of the gloss. Moreover I have not translated the whole of it, but only such extracts as I thought would be interesting to general readers. The gloss of Brahambhatta is a storehouse of information, proceeding on the same lines as the Viramitrodaya. I have given also comparative extracts from the Grihya-tras to show the nature of those’ treatises; and to give concrete notions of these books to ordinary readers so that they might not remain as mere names. The translations of these books in May Muller’s series, of the Sacred Books of the East have, of course, been of great help to me. I have given the exact translations of these as they appeared in that series, except in one ease where the phrase “the wife addicted to her husband,” has been changed to “the wife devoted to her husband.”

The first chapter contain, the sources of the Hindu Law. Among the sources of the Hindu Law, Yjflava1kya enumerates the well-known fourteen avidities o sciences (according to some eighteen, namely, the four Vedas—the Rich, the You, the Stoma and the Arthurian—the six Vestiges or Appendages to the Vedas— the Phonetics, Liturgy, Grammar, the Lexicon, Astronomy and the Prosody—and Login, the Exegetics, the Puritans and the ) Jharma-Sstras or the Institutes of the Sacred Law. AU these fourteen subjects are not only sources of Vides or knowledge but of law also. Ytjniavalkya then enumerates the various Institutes of the Sacred Law, such as Manu, Atria, &e. According to him the authoritative Smites are 20 in number as named by him; but according to the commentators this number is raised to S or more by enumerating others not mentioned by Ytjiniavalkya. Considering the question of the sources of law, from a still different point of view, we arrive at a four-fold division, namely, 1. the Vedas, 2. the Stniti or Dharma-sastra, 3. the Custom (sadâchra), 4. Voluntary.

According to this division, the custom holds a third place ; and the general rele of Hindu Law as to the relative authority of these four is that the Vedas or the Revelations are the supreme authority, next to them are the Smirtis or the Institutes of the Sacred Law, and third, the customary Law. The rule of interpretation in ease of conflict among these is that the Revelation (the Vedas) would prevail over Tradition (the SimCity) and the Tradition over the Custom. There cannot be any valid Custom opposed to the Vedas or the Smirtis.

The modern idea, that prevails in our Courts, is that the customary law is the highest, and the written law (the Vedas and the Smirtis) of secondary importance. Whether Yet flavalkya or Vi) fftnedvara would have supported such a view I leave the readers to judge.

The Second Chapter is called the rahmaehtz’i Parka. Ytjflavalkya mentions the well-known ten sacraments of the Hindus, but gives no details of the ceremonies. His commentator Vijfiânedvara also does not enter, in his Mitlrsarfi, into any detailed exposition of these. But Bumboat supplies the omission. All these ceremonies are described in copious detail in this gloss. They are certainly of great use to every pious Hindu. All good Hindus, who want to regulate their conduit properly, and wish to see that these ceremonies should be properly performed by their priests, should at least know the general outline of the rituals. The want at this knowledge of the rituals, by the Hindu laity has reacted on their priests also. The priests have become in many eases ignorant and the ceremonies, the proper performance of which would take hour, are finished perfunctorily within half that time. I have given an almost full description of one ceremony namely the Sati Ply that would show what other c-remains are like. This Saatchi Put is one of the elementary ceremonies, yet even this contains more than a score of Veda Mantras. Even if our priests know how to recite these mantras, ten to one, they do not know their meaning. Unless the yajamtus (the sacrifices) know something of these ceremonies, there is no hope that the priests will be better than what they are now. At the same time pajamas must not expect to get a better class d priests unless they raise the remuneration of these to respectable figures. This second chapter (BIambhatta) contains also the famous law of adoption by baudhâyana. I have given the full Sanskrit text, its word meaning and translation made by Dr. Buhler. The word meaning, I hope, would be found useful to those legal practitioners whose knowledge of Sanskrit is elementary. As regards the two sacraments—the Puilsavana (the ceremony to secure the birth of a male child), and the Simantonnayana (the parting of the hair of the pregnant wife—from which date all marital relation should Cease), I have given copious excrete its from the Ginny Smarts relating to these ceremonies as prevalent in ancient zest. The rules of Brahmanchrin in ancient time aimed at making man of a student. Only those are fit to be members of a noble and highly organized community who au in their school days the lessons of plain living, and discipline. The students ancient times had to live in the houses of their gurus which were generally far away from the busy haunts of men : generally in forests, while learning all the sciences that ancient India could impart—and they were not few—they were scruple guarded from participation in all active duties of life. They were, in the first alee, unmarried and not like the majority of our I-Ugh school and College students, ‘-h babies at home. They were taught to respect their teachers and rulers, and take teachers and rulers in their turn loved and protected them. They respected the king and the king respected them. They had absolutely nothing to do with iritic. The sons of kings and ruling chiefs were undoubtedly taught all the laws of political economy (Artha-âstra) and statecraft (Râja-Niti) but even they were it allowed to mix in any political agitation of the time, if there were any such kings in those days. Nor can it be imagined that a student of those Vedic schools, read in his garment of antelope skin and bearing a water pot in hand was ever found rare{king a deadly weapon against any human being. It was not the duty of the sent to carry on the agitation for the redressing of the wrongs, real or imagine. Awry. Done to him or his Country. If a Brahmachârin broke his vow and transgressed e rule of his arnica, he was looked down with contempt and not in any way cru raged in his wrong path. Such was the student and such the Guru. It is asking short of a sad decadence of religion, in this land of religion, that the noble .lesion the Brahmacharya 4rama should have entirely disappeared. .

The third chapter on Marriage deserves careful study of Ethnologists, for no tent of Evolution of Marriage can word to negated it. Top make this chapter as ‘relate as possible, I have added copious extracts from the gloss of Bâlambhatta. .

The fourth chapter on Castes with Notes from Bâlambhata will be found useful he who are interested in the question of Castes in India. There are several on this subject written by Sir George Campbell, Read. Mr. Shirring of Beanery,

our of Bombay, Mr. Thurston of Madras, Sir H. Risley, Dr. Jogendra a of Bengal and a few others, hut curiously enough, none of them on salted Yâjfiavalkya with its several commentators and the gloss Yet those authors would have greatly benefited by a perusal of r of the present work. .

Not considered necessary to add notes from the gloss of Bâlambhatta to I. ionic, 7th, 8th and 9th chapters.

Bye tenth chapter on larded is an important one, not only to the antiquarian, practicing lawyers in India. At present there is no treatise in English, co-elusively devoted to this subject. Hence, I have added such notes as I considered necessary to elucidate the matter.

The eleventh and twelfth chapters are not of much importance to the practicing lawyer but will interest students of Indian religious cults.

The last chapter is difficult to understand without studying the Artha-iâstra. This has been now made possible by the publication of Kantilla Artha-stra with its English translation; Prof. Benny Kumar Sparker’s urbanity and Positive Back ground of Hindu Sociology and Law’s Hindu Polity.

The importance of the study of Hindu Law in all its different branches will be evident from what Sir Henry Sumner Maine says that India “may yet give us a new science not less valuable than the science of language and folk lore. I hesitate to call it comparative jurisprudence, because if it ever exists, its area will be so much wider than the field of law. For India not only contains (or to speak more accurately, did contain) an Aryan language older than any other descendant of the common mother tongue and a variety of names of natural objects less perfectly crystallized than elsewhere into fabulous personages, but it includes a whole world of Aryan institutions, Aryan customs, Aryan laws, Aryan ideas in a far earlier stage of growth and development than any which survive beyond its border.”

What Maine hesitated to call comparative jurisprudence cannot be brought into existence unless the legal lore of ancient India is properly studied. The fact cannot be denied that the contents of the law books of the Hindus are not so well- known to Indian legs) practitioners unacquainted with Sanskrit as they deserve to be. Lawyers in India chiefly confine their attention to the chapters on Inheritance, Adoption and Partition of Hindu Law. But it is difficult to understand the theory and practice of that Law without studying all the topics dealt with in the Achra and Priiyaohitta Madhya’s of Yaniavalkya Smriti. Pânini office has published English translation of two books of Yaniayalkya with the commentary of Vijdanevara and thus made them accessible to English-educated people unacquainted with Sanskrit.

A knowledge of Sanskrit Grammar and the six schools of Hindu Philosophy in general and of the Flora Mittens in particular is necessary to understand the original Sanskrit text of Hindu Law. Plain office has tried to supply this want by the publication of the Attdhyâyi and the Siddhdnta Kamahi as well as of the is schools of Philosophy in the Series of the Sacred Books of the Hindus.

In the preparation of this translation I was greatly assisted by the late Pundit Saran Prasad Mira of Allahabad. He was well read in many branches of Sanskrit literature—but his forte was Hindu Law and Philosophy.

The Bengali and Hindi translations of this work have been also of some help to me.

It has not been thought advisable to insert Sanskrit text in the present publication. There are several printed editions of the original Sanskrit text, hut the best and the cheapest is the one published by the Nitrify Sager Press of Bombay, the price of which is two rupees only.

 

Introduction

The sacred literature of the Hindus is known as (i) Sruti and (ii)Smriti. Sruti literally mens whiat is heard. The Vedas, Aranyakas and Upanisads are included in this class. Itihasas, etc,. belong to this category. Smritis, therefore, are not like the Vedas, considered to be eternal and unchangeable. Every Yuga or cycle had its own Smriti.

It is not necessary to enter into the question as to the origin of smirits. Those who take interest in the subject are recommended to peruse the works noted below. Suffice it to say that the smritis were brought into existence as printed in the collection of 27 Smritis published by the anandasram of Puna The opening verses of that Smirit , bring out this fact very clearly.

Devalue was a port on the Indus in Sindhi regarding the invasion of which by the Arabs, Mr. Stanley Lane—Poole writes:--

“The story of Mohammad Kasim’s adventures is one of the romances of history. He was but seventeen, and he was venturing into a land scarcely touched as yet by.

Saracen spears, a laud in habit do by warlike races, possessed of an ancient and deeply rooted civilization, there to found a government which, however successful, would be the loneliest in the whole vast v. Mohammedan Empire, a province cut off by sea, by mountains, by desert, from all peoples of kindred race and faith. Youth and high spirit, however, forbade alike fear and foreboding. The young general had at least six thousand pieced horsemen to his back, chosen from the caliph’s veterans, with an equal number of camera, and was supplied with a baggage-train of three thousand Bactrian camels. Marching through Moran, along the Persian coast, he was joined by the provincial governor with more troops; and five stone- slings for siege-work were sent by sea to meet him at Album, the great medieval port of the Indus valley, the for runner of Karachi.

“There in the spring of 712 Mohammad Kasim set up his catapults and dug his trench. A description of this siege has come down to us from an early historian (al-Kalahari, writing about 840), from which it appears that the Arab spearmen were drawn up along the trench, each separate company under its own banner, and that five hundred men were stationed to work the heavy catapult named ‘the Bride.’ A great red flag flaunted on the top of a tall temple, and the order came from Hajji, with who the general was in constant communication, to ‘fix the stone-sling and shorten its foot and aim at the flagstaff’ so the gunners lowered the trajectory and brought down the poise with a shrewd shot. The fall of the sacred flag dismayed the garrison; a sortie was repulsed with loss; the Muslims brought ladders and scaled the walls, and the place was carried by assault. The governor fled, the Brachyurans wore butchered, and after three days of carnage a Mohammedan quarter was laid out, a mosque built, and a garrison of four thousand men detached to hold the city.” Medieval India under Mohammedan rule, by Stanley Lane—Poole (story of the Nations series).

Some of the inhabitants of Singh either voluntarily embraced the religion of the Invaders or were forcibly converted to it. It was necessary to bring back the lost men to the fold of Hinduism. The Devala Smriti shows not only the tolerant nature but statesmanlike grasp of its author.

With the exception of Mann, Yajiniavalkya and a few others, the Smritis, as a rule, do not treat of Vyavahtra or what may be called Legal Procedure or Positive Law. This formed the subject matter of Arthaâstra, which treated of Statecraft, International, Municipal and Positive Laws. Sovereigns administered Civil and Criminal Laws according to ArthaIástra.

It is a remarkable fact that the Smritis nowhere mention the existence of prisons or punishment by incarceration. It may be that in Hindu India as there ‘was no Poor Law, so there were no jails which not only degrade their inmates but also manufacture criminals. But in. the Arthastra of KauiIya, there is distinct mention of prisons and of their superintendents.

It is probable that In course of time, Arthaiâstra was ignored, and Smitie came into more prominence than ever. According to Hindu law-givern, if there is any conflict between ruti and Smriti, the former is to prevail. On this analogy, the later Sniiiti writers declared that the statements of Bmlitis were to be preferred to those of Arthatstra. But on this point the latter says

“But whenever sacred law (Sastra) is in conflict with rational law (Dharmany yaw=King’s law), then reason shall be held authoritative; for there the original text (on which the sacred law has been based) is not available.” (P. 12, Outlay’s Earthstar, English Translation.)

Biihler has also pointed out how Kamandiki in his Niti-sara has rejected the opinion of Manava. He writes (pp. xxxvi, xxxvii and xxxxviii of Introduction; of Laws of Manu, S.B.E., Vol. xxv):-

“More important than the passages from the last work is the evidence which the Kamandakiya Nitisara furnishes, where twice opinions of the Manavah and once an opinion of Manu are quoted, but rejected in favor of the views of the author’s teacher, chanakya Kautilya. Nor is it usual to contrast, as Kamandaki does, the rule taught by Manu with these of other teachers and after words to reject them. If a Hindu writer on Law finds it necessary to set aside an opinion of Manu, he either passes by it in silence or he interprets the passage where it occurs in accordance with the principles of some other smrits with which he himself agrees.”

It appears that origionally smirits were codes of Ecclesiastical Law, but on the revival of Hindusim, the Brahmanas were not slow in incorporating Positive Law in smirits, ignoring altogether the existence and importance of the Arthasastra. It is misfortune of India that in the early days of the British Rule, Arthasastra was not discovered for this would have prevented the codification of Personal Law of the Hindus on the present lines.

Arthasastra is also one of the sources of Hindu Law. Yajnavalkya I. 3. mentions 14 sources of Law. Nyaya” in that verse as “Dharma Nyaya”= King’s Law or Arthasiastra.

There can be little doublt that Yajnavalkya was posterior to Kautilya, author of the Arthasastra, The latter disapproves of compounds of more than three words. For, He syas:--

“Combination of words consisting of not more than three words and not less than one word shall be so formed as to harmonise with the meaning of immediately following words.”

(p. 82 of the translation of Kautilya’s Arthasastra, by R, Shamasastry.)

But in Yajnavalkya smriti and later Sanskrit, compound words greatly prevail. Thus it is evident that it is now engaging the attention of some of the most distinguished graduates of our Universities. The publication of the Sanskrit text as well as the English translation of Kautilya’s Arthasastra by Mr. nsamasastry of Mysore, ground of Hindu Socilogy, as well as the wreitings of Mharaj Kumar Narendra nath Law, M. A. B. L. P. R. S. show the zeal with which this brach of Sanskrit literature is being studied in this country.

The influence of Arthasastra on Smritis should form the subject of research by some competent Hindu lawyers.

The number 18 is a mysterious number with the Hindus. Like 18 aithoriative Puranas, the number of aithoritiative smirits is also said to be 18. But as the Puranas, including Upapuransa, number more than 18, so do the somirtis also. Many of the smirits have been lost or found in fragments or some of their texts in commentaries or digests only.

 

Contents

 

 
Book first—achara adhyaya
 
Chapter I Introduction 1
  Vijiânevara’s salutation 1
  Vijlânevara’s foreword 2
  Visvarupa’s Commentary referred to 2
  The question of the sages 3
  The six kinds of Pharma 3
  The territorial jurisdiction 5
  The fourteen sources of Dharma 5
  The eighteen Purânas 6
  The two Bhagavat Puras 6
  The Upapurâias  
  The authority of the Per ias 8
  The list of Smitis 9
  The efficient cause of Dharrna 10
  The Janapaka cause of Dharrna 10
  The Four-fold evidence of Dharma (verse 7) 12
  The Conflict of Laws 13
  The self-realisation, the highest Dharma (verse 8) 15
  The Legal assembly or Parisad 15
Chapter II The Sacraments and Studentship 16
  The Four Castes (verse 10) 18
  The T’wiee-born (verse 10) 18
  The Sacraments :— 18
(a) Garbhfldhâua 19
(b) PtnisaVaua 20
(c) Simantonnayana 20
(d) Jâta Karma 20
(e) Nflma Karma 20
(f) Nikramau 20
(g) Annapraanz 20
(h) Chudâkarana 20
  Paiziess delivery ceremony 22
  Rules for pregnant women 22
  Rules for their husbands 23
  Birh rite 23
  Adoption 24
  Sasthi Puja 28
  Naming Ceremony 31
  The Secret Name 37
  The Naksatras and Names Table 38
  The Niskraman 39
  Iupavesana 39
  Annaprasana 40
  Boring of the Bar 40
  The birthday anniversary 40
  Chudakarana or the tonsure 42
  The sikha 43
  Apastamba on pumsavana simantyonnayana 44
  The first learning of the Alphabet 46
  The utility of the Sacraments 53
  The time of Upanayana 54
  The duties of Gurus 55
  The study of the OtyatrI 56
  The rules of Personal purification 57
  A chamana and its method 62
  Auspicious stars for initiation 63
  Sandhya 64
  Marjanamantras 64
  Suryaarghya 64
  Arghya mantras 65
  Tilaka 67
  Prntyáma 68
  The .Japa of Gtyatri 68
  Th Mantrachaman 89
  The Gayatri woth its bvyahritis and siras 71
  The various meanings of the Gayatri 73
  The home ceremony mantras 73
  Avidance... 74
  The worship of the Guru 74
  Methods of study •.. 78
  The qualifications of the student 78
  The dress of the student, the staff and the sacred thread 74
  The forms of begging 78
  The method of eating 79
  Things prohibited to a Brahmachfiri 80
  The definitions of the Guru, Achrya, Upadhyaya, Ritvij 81
  The period of studentship 83
  Vrâtya defined ... 84
  The Twice-born defined 85
  The Reward of Vedic study 85
  The fruit of Paflcha Mahfyajna 87
Chapter Iii. On Marriage 90
  The final bath and the teacher’s fee 91
  The selection of a bride and External marks 91
  Internal marks •.. 92
  A window not-to be married 93
  Sapitda and non-sapind 94
  The definition of Sapinda not too wide 98
  The question of step mother and her father’s relations 98
  Marriageabie age of girls 101
  The gotra and the pravaras 104
  The Sapiidahood in marriage 109
  Sapindahood of anuloma births 110
  Bhinna gotra Sapidas 118
  A rule of Eugenics ... 117
  Inter-marriage allowed ... 120
  The rule about inter-marriage 121
  The eight forms of marriage 123
  The special forms in various kinds of mixed marriages 128
  Persons entitled to give away a girl in marriage 129
  The penalty for breach of promise of marriage 131
  The penalty for concealing the faults of the bride, etc. 133
  AnanyaptIrvâ defined 134
  The Niyoga ceremony 184
  The adulteress and her treatment 136
  Women always pure ... 187
  A rule of purification 138
  The duties of a wife ... 143
  In praise of EâstrIya marriage 149
  The Season 151
  Astrological Seasons and how to get a male child 152
  Other times of conjugal intercourse 153
  Vidhi defined 156
  Niyama defined 156
  Purisañkya defined 156
  Women to be honored 168
  The duties of Women 164
  The duties of a wife whose husband is away 184
  General duties of all Women 165
  Duties of a widow 168
  The Sati or Self-imno1ation 167
  Dharma, its definition 170
  Bhêvana, its definition 170
  The duties of a wife 170
  The duties of a husband having many wives 177
  The duties of a widower 178
  Re-marriage of widows 182
Chapter Iv. On the distinctions of Castes (Varna) and classes (subkstes) 184
  Anuloma 189
  Pratiloma 192
  Pratilomas and their livelihood 196
  Miscellaneous mixed castes 200
  A summary 213
  .Anulomas 218
  Pratilomas 213
  Other mixed castes 218
  Kpyasthas 214
  The rise and fall in castes 218
Chapter V. On the duties of a houaeholder 222
  The beggar 228
  Beef-offering to the honored guest 229
  Annual feast on beef 230
  Should give feast but not hanker after other’s feast 231
  The honoring of guests while they depart 232
  The Evening prayer 232
  The Morning duties 233
  The rule of road 234
  The duties of Katriyas and Vaiyas 235
  The livelihood of Ksatriyas and Vahyas 235
  The livelihood of the Sfidras 236
  The universal duties of the Twice-born of all men 237
  The trauta or Vodle rites—the Etmyn Karmas 238
  The Nityn or obligatory rautn Karinas 238
  The niggardliness in feast-giving 239
  The religious house-holder takes no thought of to-morrow 239
Chapter Vi. On the Vratas to be observed by a Snfitaka BrRhmana 242
  He may take a gift from a King, &c 243
  His other duties 249
  The rules of study commencing 250
  The time of vacation in study 251
  The study holidays ... 255
  The vows of Snátaka... 260
  Persons whose food should not be calen 284
Chapter Vii. LawIul and Unlawful food 271
  Lawful food for the twice-born 272
  General law of food 276
  Chapter Viii—On the purification of things 276
  The purl Ileation of utensils 277
  Sacrificial Vessels 278
  Stained Vessels 279
  Clothes 279
  Land 283
  Food smelt by the cow, &c 284
  Tin, lead, &e 287
  Water, flesh, &e 288
  Fire, &c 292
Chapter Ix. On Gifts 292
  The proper recipients of gifts 292
  Brthmaua recipient 293
  Giving of cows, &e., to Brtbmanns 294
  An unfit person should not accept gifts 295
  A special rule of gift 295
  Cow gift 295
  Tha fruit of cow gift 296
  The fruit of the gift of the. cow and her calf 296
  The fruit of ordinary cow-gift 297
  The equivalents of cow-gift 297
  The fruit of granting land 297
  giving house, &c. 298
  The gift of education is the highest 299
  Getting the fruit of gift without giving 300
  Some gifts must always be accepted 300
  What must be accepted 301
  An exception 301
Chapter X. On Sraddhas 802
  The times of Sraddhas 303
  The Brhmanas to be invited in the Srtddhas 305
  The Brahmnnas to be avoided 307
  The Pârvana Jraddha 310
  The Visvedeva graddha 318
  The Pitriya graddha 315
  The giving of the Aksayya Water 326
  Dismissal of Brâhmanas 828
  The Viddhi qraddha 331
  The Ekoddista qrsddha 833
  Sapindi Karana 335
  of the mother 344
  The deceased mother and the Pârvana Sraddha 346
  The Uda-Kumhha Sraddha 347
  A doubt 348
  The times of Ekoddista ... 350
  The place of throwing the Pindas 358
  The difforent kinds of food offered at Sraddha, 358
  and their defrent reward to the giver  
  Specific fruit or offering Srfiddha on a apecific asterism 363
CHAPTER XI. On the worship of Ganapati 366
CHAPTER XII. On the propitiation of the planets 381
  The graha Yajfla 381
  The names of the nine planets 381
  The color and ingredients of pujt of planets 382
  The dhyfina of the planets 383
  Method of Worship 384
  The Vedic mautras for Samidha Homa, etc. 385
  The Samidh fuel 387
  The number of Samiclhs 387
  The Dak5iqa of each planet 388
  The Worship of malefic planets 389
  Special rules for the Kings 890
CHAPTER XIII. The duties of a King 392
  The mental equipment of a King 393
  The external equipment of a Sovereign 396
  The qualifications of a royal purohita 397
  The qualifications of Ritvijs 398
  The special fruit of gift to Brahmas 398
  The method of acquiring wealth 399
  The deed of gift 400
  Materials and contents of the documents 401
  The residence of the King 403
  The royal officials 404
  Gift of conquests of war 405
  Heaven is the reward of dying in battle  
  Giving quarters to those who surrender 407
  Inspection of treasury and accounts 407
  Sending the cash to treasury 408
  The three kinds of spies 408
  Rest and review of the army 409
  Evening prayer, hearing report of th&spies, &c 409
  Going to bed and rising therefrom with morning duties 410
  The rule for illness 410
  The morning duties of the King 411
  The treatment of various kinds of people 411
  The fruit of good Government 411
  Protection from cheats, etc. 412
  The fruit of not protecting subjects 412
  The King to keep himself informed of the doings of his of0cil 413
  The fruit of illegal taxation 414
  Conquering and the treatment of conquered subjects 415
  Preserving the manners and customs of the conquered 415
  Concealing the trade secrets 416
  The neighbouring sovereigns 416
  The four modes of obtaining success 416
  The six gunas or six military measures 419
  The time of marching 420
  Destiny and effort 421
  Alliance better than War 421
  The Saptâñga of Kingdom 423
  The rod and the evil-doers 423
  The fit and unfit wielders of the rod 424
  The fruits of proper and improper punishments 425
  Evils of unrighteous punishments 425
  Law is no respecter of persons 425
  The fruit of punishing the punishable 426
  The King to try cases 427
  The disciplinary power of thn King 428
  The two kinds of punishments—Corporal and pecuniry 429
  The table of weights and measurements 429
  Silver weights and coins 432
  Copper coins 432
  The Scale of punishment 437
  Various kinds of punishment 438
  The regulation of punishment 439

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Yajnavalkya Smrti: Acaradhyaya with English Translation of Commentary Mitaksara

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2003
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Preface.

Next to Manu’s Institutes of Sacred Law, the Smriti of Yajnavalkya is the important. It contains 1010 slokas or stanzas; and is divided into three Adhyayas; or books, namely Achara or ecclesiastical and moral code; Vyavahara or the civil law and Prayachitta (Penance) or the penal code. Each part or Adhyaya contains the following number of stanzas

The Achâra (368 stanzas.)

The Vyavahtra (307 stanzas.)

The Prâya.chitta (335 stanzas.)

The whole of. Achara is divided into 13 chapters thus

Chapter I Introduction 1—9 Stanzas.

Chapter II Brahmachri 10—50

Chapter III Marriage 51—89

Chapter IV Varna-Jtti 90—96

Chapter V Grihastha 97—128

Chapter VI Snttaka-Dharma 129—166

Chapter vII: Food 167—181

Chapter viiI’ Purification of things 182—197

Chapter IX Dana 198—216

Chapter X Sraddha 217—279

Chapter ‘Xl Worship of Ganesha 271—294

Chapter XII Graha-anti 295—808

Chapter XIII Raja –Dharma 309—308

There are several well-known commentaries on Yajnavalkya’s Institutes ; such by Apararka. Visvaropa, VijineSvara, Mantra Misra and SuIapâi. But the commentary of Vijinanevara has superseded thee others and under the name of the are it is accepted as authoritative by the Hindus of most of the provinces Ella. Tim full name of the commentary of Vijinânevara is Riju-mitakara or the y and Concise But the name Mitâkarâ has become so well-known that it is late now to revert to the name given to ft by the commentator himself. Even Sanskrit authors the book is quoted, for the sake of brevity, as the Mitaksara.

The gloss of Balambhatta is a comparatively recent one. It is rather eneypedic in its scope. The book professes to have been composed by a learned , but Babu Govinda DEisa of Bdnares, the learned editor of the Edition Princes of lymphatic states that the real author of it was the bnshand of this lady. The Taidyaufttha Paiyagnnda lived in the eighteenth century, and as he lived in there is every reason to believe in the troth of this Benares tradition.

The whole of Yâjdavalkya’s lostitotes was translated by Mr. Mandlik into in 1880 A. P. baying, of course, the commentary and the gloss. I am much indebated to that translation in my rendering of the verses of Yajdavalkya.

Iii translating the commentary of Vijinenevara (i.e. the Mitakasara) I have to be as literal as was consistent with readable presentation of the original. the gloss of Btlambhatta however, the translation is mostly free; and in several these it is even an abridgment of the gloss. Moreover I have not translated the whole of it, but only such extracts as I thought would be interesting to general readers. The gloss of Brahambhatta is a storehouse of information, proceeding on the same lines as the Viramitrodaya. I have given also comparative extracts from the Grihya-tras to show the nature of those’ treatises; and to give concrete notions of these books to ordinary readers so that they might not remain as mere names. The translations of these books in May Muller’s series, of the Sacred Books of the East have, of course, been of great help to me. I have given the exact translations of these as they appeared in that series, except in one ease where the phrase “the wife addicted to her husband,” has been changed to “the wife devoted to her husband.”

The first chapter contain, the sources of the Hindu Law. Among the sources of the Hindu Law, Yjflava1kya enumerates the well-known fourteen avidities o sciences (according to some eighteen, namely, the four Vedas—the Rich, the You, the Stoma and the Arthurian—the six Vestiges or Appendages to the Vedas— the Phonetics, Liturgy, Grammar, the Lexicon, Astronomy and the Prosody—and Login, the Exegetics, the Puritans and the ) Jharma-Sstras or the Institutes of the Sacred Law. AU these fourteen subjects are not only sources of Vides or knowledge but of law also. Ytjniavalkya then enumerates the various Institutes of the Sacred Law, such as Manu, Atria, &e. According to him the authoritative Smites are 20 in number as named by him; but according to the commentators this number is raised to S or more by enumerating others not mentioned by Ytjiniavalkya. Considering the question of the sources of law, from a still different point of view, we arrive at a four-fold division, namely, 1. the Vedas, 2. the Stniti or Dharma-sastra, 3. the Custom (sadâchra), 4. Voluntary.

According to this division, the custom holds a third place ; and the general rele of Hindu Law as to the relative authority of these four is that the Vedas or the Revelations are the supreme authority, next to them are the Smirtis or the Institutes of the Sacred Law, and third, the customary Law. The rule of interpretation in ease of conflict among these is that the Revelation (the Vedas) would prevail over Tradition (the SimCity) and the Tradition over the Custom. There cannot be any valid Custom opposed to the Vedas or the Smirtis.

The modern idea, that prevails in our Courts, is that the customary law is the highest, and the written law (the Vedas and the Smirtis) of secondary importance. Whether Yet flavalkya or Vi) fftnedvara would have supported such a view I leave the readers to judge.

The Second Chapter is called the rahmaehtz’i Parka. Ytjflavalkya mentions the well-known ten sacraments of the Hindus, but gives no details of the ceremonies. His commentator Vijfiânedvara also does not enter, in his Mitlrsarfi, into any detailed exposition of these. But Bumboat supplies the omission. All these ceremonies are described in copious detail in this gloss. They are certainly of great use to every pious Hindu. All good Hindus, who want to regulate their conduit properly, and wish to see that these ceremonies should be properly performed by their priests, should at least know the general outline of the rituals. The want at this knowledge of the rituals, by the Hindu laity has reacted on their priests also. The priests have become in many eases ignorant and the ceremonies, the proper performance of which would take hour, are finished perfunctorily within half that time. I have given an almost full description of one ceremony namely the Sati Ply that would show what other c-remains are like. This Saatchi Put is one of the elementary ceremonies, yet even this contains more than a score of Veda Mantras. Even if our priests know how to recite these mantras, ten to one, they do not know their meaning. Unless the yajamtus (the sacrifices) know something of these ceremonies, there is no hope that the priests will be better than what they are now. At the same time pajamas must not expect to get a better class d priests unless they raise the remuneration of these to respectable figures. This second chapter (BIambhatta) contains also the famous law of adoption by baudhâyana. I have given the full Sanskrit text, its word meaning and translation made by Dr. Buhler. The word meaning, I hope, would be found useful to those legal practitioners whose knowledge of Sanskrit is elementary. As regards the two sacraments—the Puilsavana (the ceremony to secure the birth of a male child), and the Simantonnayana (the parting of the hair of the pregnant wife—from which date all marital relation should Cease), I have given copious excrete its from the Ginny Smarts relating to these ceremonies as prevalent in ancient zest. The rules of Brahmanchrin in ancient time aimed at making man of a student. Only those are fit to be members of a noble and highly organized community who au in their school days the lessons of plain living, and discipline. The students ancient times had to live in the houses of their gurus which were generally far away from the busy haunts of men : generally in forests, while learning all the sciences that ancient India could impart—and they were not few—they were scruple guarded from participation in all active duties of life. They were, in the first alee, unmarried and not like the majority of our I-Ugh school and College students, ‘-h babies at home. They were taught to respect their teachers and rulers, and take teachers and rulers in their turn loved and protected them. They respected the king and the king respected them. They had absolutely nothing to do with iritic. The sons of kings and ruling chiefs were undoubtedly taught all the laws of political economy (Artha-âstra) and statecraft (Râja-Niti) but even they were it allowed to mix in any political agitation of the time, if there were any such kings in those days. Nor can it be imagined that a student of those Vedic schools, read in his garment of antelope skin and bearing a water pot in hand was ever found rare{king a deadly weapon against any human being. It was not the duty of the sent to carry on the agitation for the redressing of the wrongs, real or imagine. Awry. Done to him or his Country. If a Brahmachârin broke his vow and transgressed e rule of his arnica, he was looked down with contempt and not in any way cru raged in his wrong path. Such was the student and such the Guru. It is asking short of a sad decadence of religion, in this land of religion, that the noble .lesion the Brahmacharya 4rama should have entirely disappeared. .

The third chapter on Marriage deserves careful study of Ethnologists, for no tent of Evolution of Marriage can word to negated it. Top make this chapter as ‘relate as possible, I have added copious extracts from the gloss of Bâlambhatta. .

The fourth chapter on Castes with Notes from Bâlambhata will be found useful he who are interested in the question of Castes in India. There are several on this subject written by Sir George Campbell, Read. Mr. Shirring of Beanery,

our of Bombay, Mr. Thurston of Madras, Sir H. Risley, Dr. Jogendra a of Bengal and a few others, hut curiously enough, none of them on salted Yâjfiavalkya with its several commentators and the gloss Yet those authors would have greatly benefited by a perusal of r of the present work. .

Not considered necessary to add notes from the gloss of Bâlambhatta to I. ionic, 7th, 8th and 9th chapters.

Bye tenth chapter on larded is an important one, not only to the antiquarian, practicing lawyers in India. At present there is no treatise in English, co-elusively devoted to this subject. Hence, I have added such notes as I considered necessary to elucidate the matter.

The eleventh and twelfth chapters are not of much importance to the practicing lawyer but will interest students of Indian religious cults.

The last chapter is difficult to understand without studying the Artha-iâstra. This has been now made possible by the publication of Kantilla Artha-stra with its English translation; Prof. Benny Kumar Sparker’s urbanity and Positive Back ground of Hindu Sociology and Law’s Hindu Polity.

The importance of the study of Hindu Law in all its different branches will be evident from what Sir Henry Sumner Maine says that India “may yet give us a new science not less valuable than the science of language and folk lore. I hesitate to call it comparative jurisprudence, because if it ever exists, its area will be so much wider than the field of law. For India not only contains (or to speak more accurately, did contain) an Aryan language older than any other descendant of the common mother tongue and a variety of names of natural objects less perfectly crystallized than elsewhere into fabulous personages, but it includes a whole world of Aryan institutions, Aryan customs, Aryan laws, Aryan ideas in a far earlier stage of growth and development than any which survive beyond its border.”

What Maine hesitated to call comparative jurisprudence cannot be brought into existence unless the legal lore of ancient India is properly studied. The fact cannot be denied that the contents of the law books of the Hindus are not so well- known to Indian legs) practitioners unacquainted with Sanskrit as they deserve to be. Lawyers in India chiefly confine their attention to the chapters on Inheritance, Adoption and Partition of Hindu Law. But it is difficult to understand the theory and practice of that Law without studying all the topics dealt with in the Achra and Priiyaohitta Madhya’s of Yaniavalkya Smriti. Pânini office has published English translation of two books of Yaniayalkya with the commentary of Vijdanevara and thus made them accessible to English-educated people unacquainted with Sanskrit.

A knowledge of Sanskrit Grammar and the six schools of Hindu Philosophy in general and of the Flora Mittens in particular is necessary to understand the original Sanskrit text of Hindu Law. Plain office has tried to supply this want by the publication of the Attdhyâyi and the Siddhdnta Kamahi as well as of the is schools of Philosophy in the Series of the Sacred Books of the Hindus.

In the preparation of this translation I was greatly assisted by the late Pundit Saran Prasad Mira of Allahabad. He was well read in many branches of Sanskrit literature—but his forte was Hindu Law and Philosophy.

The Bengali and Hindi translations of this work have been also of some help to me.

It has not been thought advisable to insert Sanskrit text in the present publication. There are several printed editions of the original Sanskrit text, hut the best and the cheapest is the one published by the Nitrify Sager Press of Bombay, the price of which is two rupees only.

 

Introduction

The sacred literature of the Hindus is known as (i) Sruti and (ii)Smriti. Sruti literally mens whiat is heard. The Vedas, Aranyakas and Upanisads are included in this class. Itihasas, etc,. belong to this category. Smritis, therefore, are not like the Vedas, considered to be eternal and unchangeable. Every Yuga or cycle had its own Smriti.

It is not necessary to enter into the question as to the origin of smirits. Those who take interest in the subject are recommended to peruse the works noted below. Suffice it to say that the smritis were brought into existence as printed in the collection of 27 Smritis published by the anandasram of Puna The opening verses of that Smirit , bring out this fact very clearly.

Devalue was a port on the Indus in Sindhi regarding the invasion of which by the Arabs, Mr. Stanley Lane—Poole writes:--

“The story of Mohammad Kasim’s adventures is one of the romances of history. He was but seventeen, and he was venturing into a land scarcely touched as yet by.

Saracen spears, a laud in habit do by warlike races, possessed of an ancient and deeply rooted civilization, there to found a government which, however successful, would be the loneliest in the whole vast v. Mohammedan Empire, a province cut off by sea, by mountains, by desert, from all peoples of kindred race and faith. Youth and high spirit, however, forbade alike fear and foreboding. The young general had at least six thousand pieced horsemen to his back, chosen from the caliph’s veterans, with an equal number of camera, and was supplied with a baggage-train of three thousand Bactrian camels. Marching through Moran, along the Persian coast, he was joined by the provincial governor with more troops; and five stone- slings for siege-work were sent by sea to meet him at Album, the great medieval port of the Indus valley, the for runner of Karachi.

“There in the spring of 712 Mohammad Kasim set up his catapults and dug his trench. A description of this siege has come down to us from an early historian (al-Kalahari, writing about 840), from which it appears that the Arab spearmen were drawn up along the trench, each separate company under its own banner, and that five hundred men were stationed to work the heavy catapult named ‘the Bride.’ A great red flag flaunted on the top of a tall temple, and the order came from Hajji, with who the general was in constant communication, to ‘fix the stone-sling and shorten its foot and aim at the flagstaff’ so the gunners lowered the trajectory and brought down the poise with a shrewd shot. The fall of the sacred flag dismayed the garrison; a sortie was repulsed with loss; the Muslims brought ladders and scaled the walls, and the place was carried by assault. The governor fled, the Brachyurans wore butchered, and after three days of carnage a Mohammedan quarter was laid out, a mosque built, and a garrison of four thousand men detached to hold the city.” Medieval India under Mohammedan rule, by Stanley Lane—Poole (story of the Nations series).

Some of the inhabitants of Singh either voluntarily embraced the religion of the Invaders or were forcibly converted to it. It was necessary to bring back the lost men to the fold of Hinduism. The Devala Smriti shows not only the tolerant nature but statesmanlike grasp of its author.

With the exception of Mann, Yajiniavalkya and a few others, the Smritis, as a rule, do not treat of Vyavahtra or what may be called Legal Procedure or Positive Law. This formed the subject matter of Arthaâstra, which treated of Statecraft, International, Municipal and Positive Laws. Sovereigns administered Civil and Criminal Laws according to ArthaIástra.

It is a remarkable fact that the Smritis nowhere mention the existence of prisons or punishment by incarceration. It may be that in Hindu India as there ‘was no Poor Law, so there were no jails which not only degrade their inmates but also manufacture criminals. But in. the Arthastra of KauiIya, there is distinct mention of prisons and of their superintendents.

It is probable that In course of time, Arthaiâstra was ignored, and Smitie came into more prominence than ever. According to Hindu law-givern, if there is any conflict between ruti and Smriti, the former is to prevail. On this analogy, the later Sniiiti writers declared that the statements of Bmlitis were to be preferred to those of Arthatstra. But on this point the latter says

“But whenever sacred law (Sastra) is in conflict with rational law (Dharmany yaw=King’s law), then reason shall be held authoritative; for there the original text (on which the sacred law has been based) is not available.” (P. 12, Outlay’s Earthstar, English Translation.)

Biihler has also pointed out how Kamandiki in his Niti-sara has rejected the opinion of Manava. He writes (pp. xxxvi, xxxvii and xxxxviii of Introduction; of Laws of Manu, S.B.E., Vol. xxv):-

“More important than the passages from the last work is the evidence which the Kamandakiya Nitisara furnishes, where twice opinions of the Manavah and once an opinion of Manu are quoted, but rejected in favor of the views of the author’s teacher, chanakya Kautilya. Nor is it usual to contrast, as Kamandaki does, the rule taught by Manu with these of other teachers and after words to reject them. If a Hindu writer on Law finds it necessary to set aside an opinion of Manu, he either passes by it in silence or he interprets the passage where it occurs in accordance with the principles of some other smrits with which he himself agrees.”

It appears that origionally smirits were codes of Ecclesiastical Law, but on the revival of Hindusim, the Brahmanas were not slow in incorporating Positive Law in smirits, ignoring altogether the existence and importance of the Arthasastra. It is misfortune of India that in the early days of the British Rule, Arthasastra was not discovered for this would have prevented the codification of Personal Law of the Hindus on the present lines.

Arthasastra is also one of the sources of Hindu Law. Yajnavalkya I. 3. mentions 14 sources of Law. Nyaya” in that verse as “Dharma Nyaya”= King’s Law or Arthasiastra.

There can be little doublt that Yajnavalkya was posterior to Kautilya, author of the Arthasastra, The latter disapproves of compounds of more than three words. For, He syas:--

“Combination of words consisting of not more than three words and not less than one word shall be so formed as to harmonise with the meaning of immediately following words.”

(p. 82 of the translation of Kautilya’s Arthasastra, by R, Shamasastry.)

But in Yajnavalkya smriti and later Sanskrit, compound words greatly prevail. Thus it is evident that it is now engaging the attention of some of the most distinguished graduates of our Universities. The publication of the Sanskrit text as well as the English translation of Kautilya’s Arthasastra by Mr. nsamasastry of Mysore, ground of Hindu Socilogy, as well as the wreitings of Mharaj Kumar Narendra nath Law, M. A. B. L. P. R. S. show the zeal with which this brach of Sanskrit literature is being studied in this country.

The influence of Arthasastra on Smritis should form the subject of research by some competent Hindu lawyers.

The number 18 is a mysterious number with the Hindus. Like 18 aithoriative Puranas, the number of aithoritiative smirits is also said to be 18. But as the Puranas, including Upapuransa, number more than 18, so do the somirtis also. Many of the smirits have been lost or found in fragments or some of their texts in commentaries or digests only.

 

Contents

 

 
Book first—achara adhyaya
 
Chapter I Introduction 1
  Vijiânevara’s salutation 1
  Vijlânevara’s foreword 2
  Visvarupa’s Commentary referred to 2
  The question of the sages 3
  The six kinds of Pharma 3
  The territorial jurisdiction 5
  The fourteen sources of Dharma 5
  The eighteen Purânas 6
  The two Bhagavat Puras 6
  The Upapurâias  
  The authority of the Per ias 8
  The list of Smitis 9
  The efficient cause of Dharrna 10
  The Janapaka cause of Dharrna 10
  The Four-fold evidence of Dharma (verse 7) 12
  The Conflict of Laws 13
  The self-realisation, the highest Dharma (verse 8) 15
  The Legal assembly or Parisad 15
Chapter II The Sacraments and Studentship 16
  The Four Castes (verse 10) 18
  The T’wiee-born (verse 10) 18
  The Sacraments :— 18
(a) Garbhfldhâua 19
(b) PtnisaVaua 20
(c) Simantonnayana 20
(d) Jâta Karma 20
(e) Nflma Karma 20
(f) Nikramau 20
(g) Annapraanz 20
(h) Chudâkarana 20
  Paiziess delivery ceremony 22
  Rules for pregnant women 22
  Rules for their husbands 23
  Birh rite 23
  Adoption 24
  Sasthi Puja 28
  Naming Ceremony 31
  The Secret Name 37
  The Naksatras and Names Table 38
  The Niskraman 39
  Iupavesana 39
  Annaprasana 40
  Boring of the Bar 40
  The birthday anniversary 40
  Chudakarana or the tonsure 42
  The sikha 43
  Apastamba on pumsavana simantyonnayana 44
  The first learning of the Alphabet 46
  The utility of the Sacraments 53
  The time of Upanayana 54
  The duties of Gurus 55
  The study of the OtyatrI 56
  The rules of Personal purification 57
  A chamana and its method 62
  Auspicious stars for initiation 63
  Sandhya 64
  Marjanamantras 64
  Suryaarghya 64
  Arghya mantras 65
  Tilaka 67
  Prntyáma 68
  The .Japa of Gtyatri 68
  Th Mantrachaman 89
  The Gayatri woth its bvyahritis and siras 71
  The various meanings of the Gayatri 73
  The home ceremony mantras 73
  Avidance... 74
  The worship of the Guru 74
  Methods of study •.. 78
  The qualifications of the student 78
  The dress of the student, the staff and the sacred thread 74
  The forms of begging 78
  The method of eating 79
  Things prohibited to a Brahmachfiri 80
  The definitions of the Guru, Achrya, Upadhyaya, Ritvij 81
  The period of studentship 83
  Vrâtya defined ... 84
  The Twice-born defined 85
  The Reward of Vedic study 85
  The fruit of Paflcha Mahfyajna 87
Chapter Iii. On Marriage 90
  The final bath and the teacher’s fee 91
  The selection of a bride and External marks 91
  Internal marks •.. 92
  A window not-to be married 93
  Sapitda and non-sapind 94
  The definition of Sapinda not too wide 98
  The question of step mother and her father’s relations 98
  Marriageabie age of girls 101
  The gotra and the pravaras 104
  The Sapiidahood in marriage 109
  Sapindahood of anuloma births 110
  Bhinna gotra Sapidas 118
  A rule of Eugenics ... 117
  Inter-marriage allowed ... 120
  The rule about inter-marriage 121
  The eight forms of marriage 123
  The special forms in various kinds of mixed marriages 128
  Persons entitled to give away a girl in marriage 129
  The penalty for breach of promise of marriage 131
  The penalty for concealing the faults of the bride, etc. 133
  AnanyaptIrvâ defined 134
  The Niyoga ceremony 184
  The adulteress and her treatment 136
  Women always pure ... 187
  A rule of purification 138
  The duties of a wife ... 143
  In praise of EâstrIya marriage 149
  The Season 151
  Astrological Seasons and how to get a male child 152
  Other times of conjugal intercourse 153
  Vidhi defined 156
  Niyama defined 156
  Purisañkya defined 156
  Women to be honored 168
  The duties of Women 164
  The duties of a wife whose husband is away 184
  General duties of all Women 165
  Duties of a widow 168
  The Sati or Self-imno1ation 167
  Dharma, its definition 170
  Bhêvana, its definition 170
  The duties of a wife 170
  The duties of a husband having many wives 177
  The duties of a widower 178
  Re-marriage of widows 182
Chapter Iv. On the distinctions of Castes (Varna) and classes (subkstes) 184
  Anuloma 189
  Pratiloma 192
  Pratilomas and their livelihood 196
  Miscellaneous mixed castes 200
  A summary 213
  .Anulomas 218
  Pratilomas 213
  Other mixed castes 218
  Kpyasthas 214
  The rise and fall in castes 218
Chapter V. On the duties of a houaeholder 222
  The beggar 228
  Beef-offering to the honored guest 229
  Annual feast on beef 230
  Should give feast but not hanker after other’s feast 231
  The honoring of guests while they depart 232
  The Evening prayer 232
  The Morning duties 233
  The rule of road 234
  The duties of Katriyas and Vaiyas 235
  The livelihood of Ksatriyas and Vahyas 235
  The livelihood of the Sfidras 236
  The universal duties of the Twice-born of all men 237
  The trauta or Vodle rites—the Etmyn Karmas 238
  The Nityn or obligatory rautn Karinas 238
  The niggardliness in feast-giving 239
  The religious house-holder takes no thought of to-morrow 239
Chapter Vi. On the Vratas to be observed by a Snfitaka BrRhmana 242
  He may take a gift from a King, &c 243
  His other duties 249
  The rules of study commencing 250
  The time of vacation in study 251
  The study holidays ... 255
  The vows of Snátaka... 260
  Persons whose food should not be calen 284
Chapter Vii. LawIul and Unlawful food 271
  Lawful food for the twice-born 272
  General law of food 276
  Chapter Viii—On the purification of things 276
  The purl Ileation of utensils 277
  Sacrificial Vessels 278
  Stained Vessels 279
  Clothes 279
  Land 283
  Food smelt by the cow, &c 284
  Tin, lead, &e 287
  Water, flesh, &e 288
  Fire, &c 292
Chapter Ix. On Gifts 292
  The proper recipients of gifts 292
  Brthmaua recipient 293
  Giving of cows, &e., to Brtbmanns 294
  An unfit person should not accept gifts 295
  A special rule of gift 295
  Cow gift 295
  Tha fruit of cow gift 296
  The fruit of the gift of the. cow and her calf 296
  The fruit of ordinary cow-gift 297
  The equivalents of cow-gift 297
  The fruit of granting land 297
  giving house, &c. 298
  The gift of education is the highest 299
  Getting the fruit of gift without giving 300
  Some gifts must always be accepted 300
  What must be accepted 301
  An exception 301
Chapter X. On Sraddhas 802
  The times of Sraddhas 303
  The Brhmanas to be invited in the Srtddhas 305
  The Brahmnnas to be avoided 307
  The Pârvana Jraddha 310
  The Visvedeva graddha 318
  The Pitriya graddha 315
  The giving of the Aksayya Water 326
  Dismissal of Brâhmanas 828
  The Viddhi qraddha 331
  The Ekoddista qrsddha 833
  Sapindi Karana 335
  of the mother 344
  The deceased mother and the Pârvana Sraddha 346
  The Uda-Kumhha Sraddha 347
  A doubt 348
  The times of Ekoddista ... 350
  The place of throwing the Pindas 358
  The difforent kinds of food offered at Sraddha, 358
  and their defrent reward to the giver  
  Specific fruit or offering Srfiddha on a apecific asterism 363
CHAPTER XI. On the worship of Ganapati 366
CHAPTER XII. On the propitiation of the planets 381
  The graha Yajfla 381
  The names of the nine planets 381
  The color and ingredients of pujt of planets 382
  The dhyfina of the planets 383
  Method of Worship 384
  The Vedic mautras for Samidha Homa, etc. 385
  The Samidh fuel 387
  The number of Samiclhs 387
  The Dak5iqa of each planet 388
  The Worship of malefic planets 389
  Special rules for the Kings 890
CHAPTER XIII. The duties of a King 392
  The mental equipment of a King 393
  The external equipment of a Sovereign 396
  The qualifications of a royal purohita 397
  The qualifications of Ritvijs 398
  The special fruit of gift to Brahmas 398
  The method of acquiring wealth 399
  The deed of gift 400
  Materials and contents of the documents 401
  The residence of the King 403
  The royal officials 404
  Gift of conquests of war 405
  Heaven is the reward of dying in battle  
  Giving quarters to those who surrender 407
  Inspection of treasury and accounts 407
  Sending the cash to treasury 408
  The three kinds of spies 408
  Rest and review of the army 409
  Evening prayer, hearing report of th&spies, &c 409
  Going to bed and rising therefrom with morning duties 410
  The rule for illness 410
  The morning duties of the King 411
  The treatment of various kinds of people 411
  The fruit of good Government 411
  Protection from cheats, etc. 412
  The fruit of not protecting subjects 412
  The King to keep himself informed of the doings of his of0cil 413
  The fruit of illegal taxation 414
  Conquering and the treatment of conquered subjects 415
  Preserving the manners and customs of the conquered 415
  Concealing the trade secrets 416
  The neighbouring sovereigns 416
  The four modes of obtaining success 416
  The six gunas or six military measures 419
  The time of marching 420
  Destiny and effort 421
  Alliance better than War 421
  The Saptâñga of Kingdom 423
  The rod and the evil-doers 423
  The fit and unfit wielders of the rod 424
  The fruits of proper and improper punishments 425
  Evils of unrighteous punishments 425
  Law is no respecter of persons 425
  The fruit of punishing the punishable 426
  The King to try cases 427
  The disciplinary power of thn King 428
  The two kinds of punishments—Corporal and pecuniry 429
  The table of weights and measurements 429
  Silver weights and coins 432
  Copper coins 432
  The Scale of punishment 437
  Various kinds of punishment 438
  The regulation of punishment 439

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